Bombay High Court

SHARON SHETHversusSUKHDEV SINGH BANSAL AND 7 ORS.

Decided: 25 June 2026
Disposal: ABSOLUTE
Bench: RAJESH S PATIL

Holding

The court allowed the interim application, declaring the 2019 decree not binding on the applicant, directing the plaintiff to add her as an obstructionist, and quashing and staying the warrant of attachment.

Summary

The applicant, ex‑wife of one of the original defendants, filed an interim application seeking a declaration that the 18 March 2019 judgment and decree in a commercial summary suit could not be executed against her residential flat, to be added as an obstructionist in the execution proceedings, and to have a warrant of attachment dated 3 March 2021 quashed and stayed. The court noted that the applicant was not a party to the summary suit and had not been heard in earlier orders affecting the flat, and that repeated attempts to serve and involve the respondents had failed. Affidavits of service were accepted, and the court inferred that the respondents deliberately chose not to appear. Considering the applicant's claim of ownership through a gift deed and her marital discord, the court found merit in protecting her interest in the flat. Consequently, the interim application was allowed, granting a stay of execution and quashing the warrant of attachment, and directing the plaintiff to include the applicant as an obstructionist in the execution case.

Issues considered

Whether the 2019 judgment and decree in the commercial summary suit is binding on the applicant and executable against her residential flat.
Whether the plaintiff should be directed to add the applicant as an obstructionist/party respondent in the execution application.
Whether the warrant of attachment dated 3 March 2021 should be quashed and stayed.
Whether a stay of execution pending the interim application is warranted.

Subjects

execution
decree
stay of execution
warrant of attachment
obstructionist
residential premises
gift deed
summary suit
interim application

Judgment

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by KANCHAN
KANCHAN
VINOD
MAYEKAR
VINOD
MAYEKAR
Date:
ORDINARY ORIGINAL CIVIL JURISDICTION
2026.06.25
19:16:14 +0530

INTERIM APPLICATION NO. 3099/2025
IN
COMMERCIAL EXECUTION APPLICATION NO. 219/2020

SHARON SHETH ….. APPLICANT
IN THE MATTER BETWEEN
SUKHDEV SINGH BANSAL ….. PLAINTIFF
VS
K. T. GROUP & ORS. ….. DEFENDANTS
Adv. Yash Momaya a/w. Adv. Kinjal Kakkad i/b. Adv. Jayesh R. Vyas for
the Applicant.
CORAM : RAJESH S. PATIL, J.

DATE : 25 JUNE, 2026

P.C. :-

1) This interim application has been preferred seeking

following reliefs :-

(a) This Hon'ble Court be pleased to declare that the
Judgment and Decree dated 18.03.2019 passed in Summons for
Judgement No. 6 of 2019 in Commercial Summary Suit No. 216
of 2018 is not binding on Applicant and the same can not be
executed as against premises being Residential Premises bearing
Flat No. 705, situated in the building known as "Madhur Co-
operative Housing Society Limited" at Hissa No.7, Survey No.
21, Plot No. 201, TPS Road, Borivali West, Mumbai 400 092.

(b) This Hon'ble Court be pleased to direct Plaintiff to
add the Applicant herein as a Obstructionist/ party Respondent
to the Commercial Execution Application No. 219 OF 2020 filed
by Plaintiff.

B(1) This Hon’ble Court be pleased to quash and set
aside a warrant of attachment has issued by the Prothonotary
and Senior Master of this Court on 3.03.2021 in respect of
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subject matter i.e Residential Premises bearing Flat No. 705,
situated in building known as "Madhur Co-operative Housing
Society Limited” at Hissa No. 7, Survey No.21, Plot No.201, TPS
Road, Borvali West Mumbai 400 092
c) Pending hearing and final disposal of present
Application the execution, implementation, effect and operation
of Judgment and Decree dated 18.03.2019 passed in Summons
for Judgement No. 6 of 2019 in Commercial Summary Suit No.
216 of 2018 be stayed to the extent of premises being
Residential Premises bearing Flat No. 705, situated in the
building known as “Madhur Co-operative Housing Society
Limited" at Hissa No. 7, Survey No. 21, Plot No. 201, TPS Road,
Borivali West, Mumbai 400 092.

C(1) Pending hearing and final disposal of present
Application the execution, implementation, effect and operation
of a warrant of attachment has issued by the Prothonotary and
Senior Master of this Court on 3.03.2021 in respect of subject
matter i.e Residential Premises bearing Flat No. 705, situated in
building known as "Madhur Co-operative Housing Society
Limited" at Hissa No. 7, Survey No.21, Plot No.201, TPS Road,
Borvali West Mumbai 400 092 be stayed.

2) None appeared on behalf of the respondents (original plaintiffs

and original defendants) when the matter is called out. The applicant

has filed three affidavits of service (i) affidavit dated 27 March, 2026

of the Court Clerk, (ii) affidavit dated 27 March, 2026 of advocate

Ms.Kinjal Kakkad and (iii) affidavit dated 30 March, 2026 of the Court

Clerk. All these three affidavits submits that the respondents have

been duly served. This fact was recorded in my earlier order dated 30

March, 2026. Thereafter, on 7 May, 2026 when the matter was called

out, again nobody appeared on behalf of the respondents. As a matter
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of last chance, in order to permit the respondents to appear in the

matter and make their submissions, matter was adjourned to 12 June,

2026.

3) Again on 12 June, 2026, none appeared on behalf of the

respondents. Hence, the matter was adjourned to today i.e. on 25

June, 2026.

4) Having considered the affidavits of service and the fact

that repeated chances have been given to the respondents to attend

the present proceedings, I am convinced that the respondents do not

want to appear in the present proceedings. Hence, I am proceeding

further with the hearing of the interim application.

5) It is the case of the applicant that she is the ex-wife of the

original defendant no.5. He submits that there is a marital discord

between the applicant and her husband – defendant no.5. The

Defendant no.5 is a builder/developer by profession and by a

registered gift deed dated 8 December, 2017 the subject flat No.705,

situated in Madhur Co-operative Housing Society Ltd., 56 TPS Road,

near Babhai Naka, Borivali (West), Mumbai, was gifted to her. Today,

the subject flat is in her possession. She is staying with her parents at

their home along with her 11 years old son who is suffering from

certain ailments. There is a consent divorce decree passed in the
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proceedings between the present applicant and defendant no.5, on 19

April, 2022 by the Family Court at Bandra, Mumbai. He submits that

his client was not aware about the proceedings between the plaintiff

and the defendants. She was neither a party to the said proceedings.

He further submitted that in the present proceedings, though the

respondents have been served on many occasions, learned counsel

appearing for the plaintiff – decree holder is not appearing in the

proceedings.

6) Learned counsel appearing for the applicant submits that

the decree which is passed against the defendants’ in summary suit is

a money decree. Though before the decree was passed in the summary

suit, there were orders passed by this Court with regard to the subject

flat. However, the present applicant was not a party to the summary

suit, hence, she was not heard while those orders were passed.

7) Having heard learned counsel appearing for the applicant

and after going through in detail to the contents of the interim

application, I am convinced that this interim application needs to be

allowed.

8) Interim application is allowed in terms of prayer clauses

(a) and (B-1).

[RAJESH S. PATIL, J.]

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